Nurina Moh.

Nasrif JD 2-A Election Law Reviewer-MIDTERMS

GENERAL PROVISIONS 4. Why conduct election?

Section 1, Article 2 of the 1987 Philippine Constitution: “The Philippines is a
1. What is Election? democratic and republican State. Sovereignty resides in the people and all
> The means by which the people choose their officials for a definite and fixed government authority emanates from them.”
period and to whom they entrust for the time being the exercise of the powers of
government. 5. Qualifications and Disqualifications of Registered Voters
2. What is Suffrage? Qualifications:
> The right to vote in the election of officers chosen by the people and in the  Citizen of the Philippines
determination of questions submitted to the people. Includes within its scope:  At least 18 years old
election, plebiscite, initiative and referendum.  Not Disqualified by law
 Resident of the Philippines for at least 1 YEAR
Qualifications for suffrage:  Resident of the place wherein he proposes to vote for at least 6 months
Suffrage may be exercised by all citizens of the Philippines: immediately preceding the election
i. not otherwise disqualified by law TAKE NOTE: No literacy, property, or other substantive requirement shall be
ii. who are at least eighteen years of age; and imposed on the exercise of suffrage
iii. who shall have resided in the Philippines for at least one year and in the
place wherein they propose to vote for at least six months immediately Disqualifications:
preceding the election.  Any person sentenced by final judgment to suffer imprisonment for not less than
iv. No literacy, property, or other substantive requirement shall be imposed on one year (unless granted a plenary pardon or an amnesty); but right is reacquired
the exercise of suffrage upon the expiration of 5 years after service of sentence.
 Any person adjudged by final judgment of having committed any crime
3. What is Citizenship? involving disloyalty to the government or any crime against national security
> Membership in a political community which is personal and more or less (unless restored to full civil and political rights in accordance with law); but
permanent in character. right is reacquired upon the expiration of 5 years after service of sentence.
 Insane or incompetent persons as declared by competent authority.
Who are the citizens of the Philippines?
i. Those who are citizens of the Philippines at the time of the adoption of this 6. Petition for Inclusion vs. Exclusion
1987 Constitution. Petition for Inclusion [Sec. 34, R.A. 8189]
ii. Those whose fathers or mothers are citizens of the Philippines. Prospective Any person whose application for registration has been disapproved by the Board or
application, consistent with provision of the 1973 Constitution. whose name has been stricken out from the list may file with the court a petition to
iii. Those born before January 17, 1973, of Filipino mothers, who elect include his name in the permanent list of voters in his precinct at any time except 105
Philippine citizenship upon reaching the age of majority. days prior to a regular election or 75 days prior to a special election. It shall be
iv. Those who are naturalized in accordance with law. supported by a certificate of disapproval or his application and proof of service of
Nurina Moh. Nasrif JD 2-A Election Law Reviewer-MIDTERMS

notice of his petition upon the Board. The petition shall be decided within 15 days TAKE NOTE:
after its filing.
 Residence in the context of election law is synonymous with "domicile," meaning a
person’s permanent home to which they intend to return (animus revertendi).
Petition for Exclusion [Sec. 35, R.A. 8189]
Any registered voter, representative of a political party or the Election Officer, may
 Upon filing of COC, appointive officials are deemed resigned.
file with a sworn petition for the exclusion of a voter from the permanent list of Manual Election (Barangay):
voters giving the name, address and the precinct of the challenged voter at any time
except 100 days prior to a regular election or 65 days prior to a special election. The
 upon filing of COC, a person is automatically considered as candidate.
petition shall be accompanied by proof of notice to the Board and to the challenged  Premature campaigning is applicable.
voter, and shall be decided within 10 days from its filing. Automated Election (National and Local): A person becomes a candidate upon the start of
the campaign period.

CANDIDACY Disqualifications:
1. Under the Omnibus Election Code [B.P. 881]:
Who is a Candidate?
a. Declared as incompetent or insane by competent authority.
> A “candidate” refers to any person aspiring for or seeking an elective public office, who has b. Sentenced by final judgment for subversion, insurrection, rebellion or any
filed a certificate of candidacy by himself (herself) or through an accredited political party, offense for which he has been sentenced to a penalty of more than 18-months
aggroupment, or coalition of parties. imprisonment.
c. Sentenced by final judgment for a crime involving moral turpitude.
Qualifications
d. Any person who is a permanent resident of or an immigrant to a foreign country
i. Citizenship: (unless he has waived his status as such) [Sec. 68, B.P. 881].
 For national elective positions, the candidate must be a natural – born citizen. 2. Under the Local Government Code [Sec. 40, R.A. 7160]: Applicable to candidates
 For local elective positions, the candidate may be naturalized citizen. for local elective office only:
ii. Residency: a. Those sentenced by final judgment for an offense punishable by one year or
 President and VP: a resident of the Philippines for at least ten years immediately more of imprisonment, within two years after serving sentence.
preceding such election. b. Those removed from office as a result of an administrative case.
 Senators: not less than two years immediately preceding the day of the election c. Those convicted by final judgment for violating the oath of allegiance to the
 Local candidates: a resident therein for at least one (1) year immediately preceding Republic of the Philippines.
the day of the election d. Those with dual citizenship.
iii. a registered voter e. Fugitives from justice in criminal and non-political case here and abroad.
iv. Age: f. Permanent residents in a foreign country or those who have acquired the right to
 President and VP: at least forty years of age on the day of the election reside abroad and continue to avail of the same right after the effectivity of the
 Senators: at least thirty-five years of age Local Government Code.
 Local: at least twenty-three (23) years of age on election day g. Those who are insane or feebleminded.
v. Able to read and write
Nurina Moh. Nasrif JD 2-A Election Law Reviewer-MIDTERMS

3. Additional grounds for disqualification [Sec. 68, B.P. 881], After having filed a TAKE NOTE: No substitution is allowed for an independent candidate. Only candidates who
certificate of candidacy, the following shall be disqualified from continuing as are members of and are nominated by a party can be substituted. (to maintain the political
candidate, or if he has been elected, from holding the office: number)
a. One who has given money or other material consideration to influence, induce
EXCEPTION: A candidate for a barangay elective office notwithstanding the policy that
or corrupt the voters or public officials performing electoral functions.
barangay elections are non- partisan can be substituted by his/her spouse.
b. One who committed acts of terrorism to enhance his candidacy.
c. One who spent in his election campaign an amount in excess of that allowed by Substitution is not allowed when the original candidate was disqualified based on:
the Code.
 Ground of material misrepresentation
d. One who has solicited, received or made contributions prohibited under Sec. 89
 When the certificate was cancelled because he was running for the fourth
(transportation, food and drinks), Sec. 95 (public or private financial institutions,
consecutive term
public utilities or exploitation of natural resources, contractors of public works
or other government contracts; franchise holders or concessionaires; educational
 Failure to meet one-year residency requirement
institutions receiving grants from the government, officials of the Civil Service
CAMPAIGN
or the AFP, foreigners or foreign corporations), Sec. 96 (foreign-sourced
contributions), Sec. 97 (raising of funds through lotteries, cockfights, boxing Premature Campaign: No person may engage in an election campaign or partisan political
bouts, bingo, beauty contests, etc.), and Sec. 104 (prohibited contributions to activity before the campaign period.
churches, school buildings, roads, bridges, medical clinics, etc.).
e. One who has violated the provisions of Sec. 80 (campaign period), Sec. 83 Campaign shall commence: (Purpose: Implementation of the automated election system)
(removal, destruction of lawful election propaganda), Sec. 85 (prohibited forms National Campaign: 90 days before election
of propaganda). Sec. 86 (regulation of propaganda through mass media).
Local Campaign: 45 days before election
f. One who has violated the provisions of Sec. 261 (election offenses).
 Use of Billboards, allowed
TAKE NOTE: Allowable Expenditure:
 Material misrepresentation- Section 78 of OEC: the second-highest vote-getter is
proclaimed as the winner Sec. 13, R.A. 7166 provides that for the 1992 synchronized elections, the aggregate amount
 Any other case: Rule on succession shall be followed that a candidate or registered political party may spend for election campaign shall be as
follows:
a) For candidates: P10 for President and Vice President; and for other candidates P3.00 for
every voter currently registered in the constituency where he filed his certificate of candidacy;
Substitution of a candidate: Grounds
Provided, that a candidate without any political party and without support from any political
i. Death party may be allowed to spend P5.00 for every such voter; and
ii. Withdrawal b) For political parties: P5.00 for every voter currently registered in the constituency or
iii. Disqualification constituencies where it has official candidates.

Statement of contributions and expenses (SOCE)

Nurina Moh. Nasrif JD 2-A Election Law Reviewer-MIDTERMS

Every candidate and treasurer of the political party shall;

a. within 30 days after the day of the election
b. file in duplicate with the offices of the Commission
c. the full, true and
d. itemized statement of all contributions and expenditures in connection with the
election.
TAKE NOTE:
 requirement to file the statement covers even those who withdrew as candidates
after having filed their certificates, because Sec. 14, R.A. 7166, does not make any
distinction.
 failure to file the statements or reports in connection with electoral contributions and
expenditures are required herein shall constitute an administrative offense for which
the offenders shall be liable to pay an administrative fine ranging from One
thousand pesos (P1,000.00) to Thirty thousand pesos (P30,000.00), in the
discretion of the Commission.
 Failure to file the SOCE twice, perpetual disqualification to hold public office.
READ THE FF. CASES:
i. Monsod vs. Cayetano
ii. Penera vs. COMELEC
iii. Diocese of Bacolod vs. COMELEC
iv. Macalintal vs. COMELEC
v. Marcos vs. COMELEC